Next Medical Florida, LLC, Etc. v. Peak Property and Casualty Insurance Corporation

• Court: District Court of Appeal of Florida
• Decided: February 5, 2025
• Docket: 3D2024-1372
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed February 5, 2025. Not final until disposition of timely filed motion for rehearing.

No. 3D24-1372 Lower Tribunal No. 23-24567-SP-25

Next Medical Florida, LLC, etc., Appellant,

vs.

Peak Property and Casualty Insurance Corporation, Appellee.

An Appeal from a non-final order from the County Court for Miami- Dade County, Michael G. Barket, Judge.

Daly & Barber, P.A., John C. Daly, and Matthew C. Barber (Plantation), for appellant.

Rivkin Radler, LLP, Edward K. Cottrell and Drew Krieger (Jacksonville), for appellee.

Before FERNANDEZ, LINDSEY and MILLER, JJ.

PER CURIAM. Affirmed. See Certain Underwriting Members of Lloyd’s v. Prime

Holdings Ins. Servs., Inc., 306 So. 3d 1086, 1091 (Fla. 3d DCA 2020) (stating

that a trial court’s order granting a motion to transfer based on forum non

conveniens grounds is reviewed under an abuse of discretion standard);

Beacon Hill Homeowners Ass’n, Inc. v. Colfin Ah-Fla. 7, LLC, 221 So. 3d

710, 712 (Fla. 3d DCA 2017) (providing that an appellate court reviews the

denial of a motion for rehearing under an abuse of discretion standard);

Migliori v. Migliori, 983 So. 2d 670, 671 (Fla. 5th DCA 2008) (explaining that

when a motion to transfer is appealed without a transcript, there is “no basis

to reverse the decision of the trial judge”); Gaspard v. Innocent, 389 So. 3d

638, 639 (Fla. 3d DCA 2023) (“[I]n appellate proceedings the decision of a

trial court has the presumption of correctness and the burden is on the

appellant to demonstrate error[.]” (quoting Applegate v. Barnett Bank of

Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979))).